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Planning and Environmental Services177 Main Street • Winona, Minnesota 55987 • 507.457.6335 (phone) 507.454.9378 (fax)
SILICA SAND MINING AND PROCESSING APPLICATION PACKET The materials herein are provided to advise prospective applicants on the requirements for silica sand mining operations in an understandable and straightforward manner. While we have strived to provide you with proper and thorough guidance, each site may have unique attributes requiring additional information or submittals. It is strongly encouraged that you establish a pre-application meeting with Winona County Planning and Environmental Services staff to review the project for additional requirements and possible environmental review requirements. An EAW/ EIS requirement may delay your application until environmental review is completed. Winona County reserves the right to request additional information pursuant local ordinances and in conformance with Minnesota Statutes, section 394.301. Winona County may disseminate application materials to other agencies for comment. It is the obligation of the applicant to obtain required permits from other agencies.
PRE-APPLICATION CHECKLIST
APPLICATIONS MISSING ANY ONE OF THE REQUIRED SUBMITTALS WILL NOT BE CONSIDERED FOR
PLANNING COMMISSION REVIEW. MATERIALS MUST BE SUBMITTED IN THE FOLLOWING ORDER
AND TITLED ACCORDINGLY:
Provide a Letter of Interest . (a pre-application meeting with staff is strongly encouraged)- See guidance, p. 2.
Confirmed Meeting Date: _______________________________
Provide Completed Conditional Use Permit Application
Responses to CUP criteria found in chapter 5.5.4.1-See guidance, p. 3.
Completed Township Acknowledgment Form
Provide Mine Plan, Performance Standards & Reclamation Plan
Provide required information from chapter 9 of the zoning ordinance
Provide submittals responding to draft conditions of approval-Appendix C
In accordance with chapter 9.10.4 of the Winona County Zoning Ordinance, a reclamation plan prepared by a qualified professional must be submitted with the application for non-metallic mining. See guidance p. 4.
Provide an independently prepared traffic impact study.
Acknowledge the required road use agreement, pending Planning Commision and County Board approval of the conditional use permit.-See guidance, p. 6.
Provide Proof of Authority.
Agents, applying on behalf of an owner must provide a signed agreement with the landowner, notarized and signed by each party authorizing said agent to act on the owner behalf. Owner must provide prrof of ownership including mineral rights-See guidance, p. 10.
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SILICA SAND MINING AND PROCESSING APPLICATION PACKET
LETTER OF INTEREST/ PRE-APPLICATION MEETING GUIDANCE
1. Provide Applicant Information:
Who is applying?
Who will handle the application requirements?
Who is the principal project contact for application review?
If multiple owners exist, identify all owners of the property and their respective
titles/ownership status.
2. Provide a Narrative of the Proposed Use:
Location of Site
Size of Proposed Facility/Extraction
Operations Details (Equipment Used, Quantity of Extraction, Annual Extraction Rate, Years in
Service)
Schedule for Extraction (Hours, Days and Months in Operation)
Materials to be Extracted
Post-Mining Reclamation Narrative
3. Provide a Narrative of Anticipated Market for Material Extracted
Where are the Materials being Transported?
What Routes are Planned for Transportation?
Will Materials Be Stockpiled on Site?
4. Set up and Confirm Pre-Application Meeting with Planning Staff.
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SILICA SAND MINING AND PROCESSING APPLICATION PACKET
CONDITIONAL USE PERMIT APPLICATION
NOTICE: This application will be delayed in processing if all required submittals are not included and
may be delayed if the County determines an Environmental Assessment Worksheet or
Environmental Impact Statement is required.
The County will first make this determination before scheduling an official Planning
Commission hearing and upon the findings of the EAW or EIS, will determine if the
application may proceed for Planning Commission review.
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SILICA SAND MINING AND PROCESSING APPLICATION PACKET
MINE PLAN GUIDANCE
WHAT IS A MINING PLAN?
A mining plan is a combination of maps and written information that describes every aspect of the
proposed operation from inventory of the gravel resource to post-mining management of the site.
The mining plan describes activities to be conducted at the mine site over the life of the operation.
The purpose of a mining plan is to ensure environmentally sound mining, including leaving the area in a safe, nonpolluting condition, and preserving as much land value as possible.
A mining plan may consider view, noise, dust, hours of operation, traffic, final reclamation, and many other concerns.
A mining plan ensures that activities progress according to a general concept that includes site reclamation.
A mining plan aids the cost efficiency and minimizes the environmental impact of the site.
A mining plan allows for early identification of environmental concerns, efficient removal of the aggregate and cost-effective reclamation.
WHAT INFORMATION IS INCLUDED IN A MINING PLAN?
The information needed for a mining plan generally includes the following: Inventory of the aggregate
resource including the shape, extent and depth of the aggregate deposit and its relationship to the
groundwater. Winona County requires a mining plan to include the items required in section 9.10 of the
WCZO as well as pertinent information requested on the list of likely conditions.
General knowledge of the aggregate deposit is important. The best available information about the
deposit must be collected from water well logs, existing surveys or maps, and previous testing work in
the area. The most complete inventory data is obtained from drilling or test pitting on the site, but such
data is not always available or necessary. Additional site specific work may be needed.
Characteristics of the deposit will determine in part the layout of the mine and the sequence for mine
Development. Economic considerations likely to influence the rate of mining should also be discussed in
the plan, such as the thickness of the overburden, the quality of the aggregate, and haul distance.
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Assessment of pre-mining conditions, including current land uses, ownership, infrastructure, previous
excavations, existing vegetation and water features among others
An “assessment of pre-mining conditions” describes the setting before mining begins. This may include,
among other things: the direction of flow in surface waters; the depth to and direction of groundwater
flow; location of buildings and other infrastructure (roads, wells), existing land uses, presence of
endangered species and cultural resources. An assessment can identify and mitigate environmental
problems and public concerns associated with the project.
Description of mining methods including processing methods
A description of mining methods addresses how the resource will be mined and processed, and
describes any proposed mitigation measures. This could include proposed operation hours, how
complaints will be addressed, specific erosion control measures to be used, or how screening will be
utilized.
Discussion on the staging and sequencing of operations
This discussion is closely linked with the above and is directed at how the mining operation will develop
over time. Some mining operations remove the resource in several discreet stages over a short period of
time, and others mine it in one stage for a longer period of time. The staging of operations has
implications for reclamation. Can reclamation be accomplished progressively throughout the operation
or is it best accomplished at the end of active mining?
Proposed reclamation, schedule, and post-mining management
Proposed reclamation describes the intended end uses of the site. Reclamation can consist of simply
stabilizing slopes or it can include steps to restore wildlife habitats or preparation of the land for
residential construction. When an operator has an end use goal in mind, mining activities like clearing,
stripping, stockpiling, and landform construction can be directed toward the planned reclamation
throughout the mining phase.
WHAT DOES A MINING PLAN LOOK LIKE?
Mining plans typically employ maps, an effective way to convey the needed information.
Proposed features of the mining operations (such as stripping areas, cuts, excavations, processing
facilities, roads, stockpiles, ditches, berms, water control structures, etc.) and reclamation features
(screened areas, areas to be re-vegetated, final slopes and grades, etc.) can be depicted on the detailed
map. Vertical details are shown with contour lines and cross sections. A series of sequential maps can
illustrate how operations will proceed over time. A base map with overlays can effectively show the
proposed stages of the operation. The Winona County Zoning Ordinance offers guidance for what must
be included on three map exhibits as required in chapter 9.10(3) of the Winona County Zoning
Ordinance.
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PERFORMANCE STANDARDS AND RECLAMATION PLAN GUIDANCE
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SILICA SAND MINING AND PROCESSING APPLICATION PACKET
ROAD USE AND TRAFFIC IMPACT STUDY GUIDANCE
Introduction
The following outline is provided for guidance in understanding Winona County’s requirements for an
independently prepared traffic impact analysis and a road impact agreement.
THE TRAFFIC IMPACT STUDY shall precede and accompany each application and shall be contracted by
the applicant at the applicant’s expense. The study will be referred to the County Highway Engineer
for review concurrently with review of the full conditional use permit application.
ROAD IMPACT AGREEMENT REQUIRED. The owner/applicant will be required to enter into an
agreement with the County to pay for all transportation related impacts discovered and attributable
to the proposed mining operation pending Planning Commission and County Board review and
approval of the conditional use permit.
The following scope and contents of the above stated traffic impact study is as follows:
1. Terms of Contractual Services
a. Responsibilities. The proposer of a non metallic mine shall be responsible for the costs of an
independent study for preparation of a comprehensive analysis of traffic impact for the proposed
mining operations.
b. Payment. The proposer shall be responsible for 100% of the proposed consulting fees for services
outlined herein as proposed and estimated by a qualified professional traffic engineering firm.
c. Contractual Services Selection/ Qualifications. The County shall have the right to approve or
deny the consultant based on qualifications to complete the requirements of the study.
2. Scope of Traffic Impact Analysis
a. Intersections. All intersections of local roads and county or state trunk highways affected by
traffic generated from the proposed mining operations shall be studied and recommendations
made for safety and level of service of handling the proposed traffic intensity of the mining
operations.
b. Local roads. Local roads serving the proposed mining operation shall be studied and
recommendations made for safety and level of service of improvements for handling the
proposed traffic intensity of the mining operations.
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c. County Highways. County Highways serving the proposed mining operations shall be studied and
recommendations made for safety and level of service for handling the proposed traffic intensity
of the mining operations.
d. Access control. All drive opening onto local roads and truck highways serving the proposed
mining operations shall be studied and recommendations made for safety and level of service for
handling the proposed traffic intensity of the mining operations including but not limited to
deceleration lanes, turning lanes, emergency pull-outs, shoulder conditions, etc.
e. Roadway Visibility. The traffic impact analysis shall include a study of horizontal and vertical
sight distances at all access points and shall make recommendations for improvements where
inadequate or non-compliant conditions exist.
f. Geographic Range. The study shall include recommendations for the entire geographic area
having significant impact as determined and advised by the County Highway Engineer affected by
the proposed mining operations. The County reserves the right to enter into an
intergovernmental agreement with neighboring counties to determine and mitigate adverse
impacts in adjoining jurisdictions.
g. Existing Deficiencies. The County reserves the right to identify traffic related issues or problems
that require study for correction in order for the proposed mining operations to operate safely
and to maintain levels of service. Where deficiencies are identified, only that portion affected by
the proposed mining operations shall be borne by the proposer/developer and the County may
choose to cost-share to make the necessary corrections, pending adequate resources and
appropriations.
h. Time Frame. Projected traffic demands shall be based on fully occupied conditions during each
phase of operations.
i. External Factors. External traffic pressures and growth shall be considered in achieving fair-share
cost assignment to the proposer/developer.
3. Contents of Study
a. Introductory Materials
i. Preparers Name, Team Members and Qualifications
ii. Project Description
iii. Identification of Peak Hours and Traffic Projections
iv. Map of routes and study area
v. Location of all access points
vi. Map of Adjacent Land Uses
b. Existing Traffic Conditions
i. Description of transportation network including intersections and access points serving
the proposed mining operations
ii. Existing traffic counts
iii. Gap or que length information where requested
c. Proposed Mining Operation Traffic Generation
i. Trip generation rates used
ii. Traffic generation at peak/full capacity
iii. Source of generation data
d. Traffic distribution
i. Estimated site traffic movements by direction
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ii. Narrative of assumptions/methods
e. External Traffic Projections
i. Identification of existing and known proposed traffic generators effecting impacts
ii. Adjustments made for external traffic impacts
iii. Forecast data
f. Traffic Assignments
i. Assignment of peak period traffic at intersections and access points
ii. Figures for existing and peak impact hours and total traffic
iii. Recommended access improvements
g. Site Plan
i. Parking layout
ii. Loading/Staging Areas
iii. Recommendations
h. Maintenance
i. Identification of costs likely to be incurred to maintain safe and desirable roadway
surface conditions during operations attributable to the proposed traffic intensity of the
proposed mining operations including but not limited to surface repair, street
cleaning/sweeping, shoulder repair, etc.
i. Right of Way Needs
i. Identification of costs likely to be incurred for right of way acquisition to maintain safe
and desirable roadway conditions during operations attributable to the proposed traffic
intensity of the proposed mining operations.
j. Engineering Needs
i. Identification of costs likely to be incurred for engineering services to maintain safe and
desirable roadway conditions during operations attributable to the proposed traffic
intensity of the proposed mining operations.
k. Findings and Recommendations
i. Summary of all deficiencies and recommended improvements/corrections
ii. An estimate of costs for all recommended improvements and corrections, itemized by
improvement and totaled for entire project.
iii. An estimate of existing deficiencies, projected subsidies, external traffic considerations
and all factors considered in assigning rough proportionality of costs to the proposed
mining operations. This estimate shall include identification of projected future
improvements which may result from the proportionate impact of the proposed mining
operation and the respective ‘fair share’ cost to the mining operation. Examples may
include but are not limited to intersection improvements, traffic control, turn lanes and
other geometric improvement needs.
4. Review
a. The County reserves the right to review the traffic impact analysis in-house by the County
Engineer or elect to choose a consultant to perform an independent review. If the County
Engineer chooses to hire a review consultant, the review consultant will be hired at the
proposer/developers expense.
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ROAD IMPACT AGREEMENT TERMS
(Required Pending Planning Commission and County Board Approval of the Conditional Use Permit as
prepared in agreement format by the County Attorney)
In addition to identified improvement costs per the final approved traffic impact analysis, a
Roadway pavement impact fee shall be required of $0.219 (Jan 2012) per ton per mile, with the
rate adjusted annually on January 1 to account for inflation using the Engineering News Record
Construction Cost Index. Tons are net tons of material hauled in the primary hauling
direction. Return of empty trucks or backhauling a fraction of the primary haul will not be counted
if the return route follows the reverse route of the primary hauling direction. Per mile means per
mile of paved public roads, not including trunk highways under the jurisdiction of the Minnesota
Department of Transportation.
The $0.219 per ton per mile is based on a construction cost of $200,000 per mile to reclaim and
pave an asphalt roadway; including 16% for preliminary engineering and construction engineering
the project cost is $232,000 per mile. Based on a pavement design for 500 vehicles/day; 20-year
design; with traffic growing to 550 vehicles/day during the 20 years; 20-year design ESALs of
110,529; $2.099 per ESAL per mile. Based on 23 tons per load on 80,000 pound gross-weight
trucks that are 2.4 ESALs; $0.219 per ton per mile.
Winona County recognizes the presence of historic industries such as agricultural services,
manufacturing and distribution as being accommodated by current public infrastructure and
therefore it reserves the right to impose road impact exactions exclusively on new infrastructure-
dependent industry having a disproportionate impact on county infrastructure due to a
combination of high vehicular weight and traffic volume as determined by the Planning
Commission and County Board.
Agreement Required for Impact on Unpaved Roads. The applicant shall provide an agreement
for maintenance of any unpaved road used by the mining operations, to maintain the facility to a
consistent County standard throughout the mining operation. When unpaved roads are under the
jurisdiction of the local Township or City, the applicant shall provide approval of the agreement by
the local jurisdiction.
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SILICA SAND MINING AND PROCESSING APPLICATION PACKET
PROOF OF AUTHORITY REQUIRED
The applicant of the proposed mine shall be responsible for the submittals and application materials
outlined herein. If the owner/s of a site has/have designated an authorized representative to apply on
their behalf, an official notarized letter must accompany the application specifying the owner’s consent
of application.
The owner/applicant shall also provide legal proof of ownership including mineral rights for the parcel to
be mined.
Each parcel of record requires a separate Conditional Use Permit.
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SILICA SAND MINING AND PROCESSING APPLICATION PACKET
REFERENCE MATERIAL-APPENDIX
AGENCY INFORMATION AND ADDITIONAL PERMITTING
REQUIREMENTS
STATE AND FEDERAL BEST MANAGEMENT PRACTICES
PRELIMINARY CONDITIONS OF APPROVAL FOR NON-METALLIC
MINING CONDITIONAL USE PERMITS
ENVIRONMENTAL ASSESSMENT WORKSHEET AND ENVIRONMENTAL
IMPACT STATEMENT CHECKLIST
APPENDIX A
APPENDIX B
APPENDIX C
APPENDIX D
SIZE AND SCOPE OF AGGREGATE MINING OPERATIONS VARYThere is a wide variability in the size and scope of aggregate mining operations in Minnesota.Some are active only for one season to serve road construction projects. Others are long-termsites that operate continuously over several years. The materials being mined and the miningmethods also vary greatly. Some operations mine unconsolidated sand and gravel materials leftby glaciers; others produce crushed rock blasted from bedrock. Some operations mine within thegroundwater table and others remain above the water table. There are various types of auxiliaryfacilities used at an aggregate operation, such as crushers, wash plants and asphalt plants. Per-mits required for aggregate mining depend on the size, scope and location of the operation.
LOCAL PERMITSCounties, townships or municipalities have the primary authority for regulating extractive useslike aggregate mining. In many counties, aggregate mining requires a Conditional Land UsePermit (CLUP) from the county planning and zoning office. A township or municipality mayalso require a permit in addition to (or instead of) a county permit. Local permits are generallyrequired for new operations that exceed a certain threshold of activity, or for expansion of anexisting operation. The threshold for triggering a permit varies from one county to the next andmay be related to area, production volumes, or length of time. Operations that were active beforethe effective date of a required permit may be exempt.
Local permits may address issues such as: hours of operation, noise, traffic, dust, and reclama-tion. Performance bonds or some other form of financial assurance may be required. The termof local permits can vary from one year to the life of the mine. Increasingly, local authorities arerequiring a mining and reclamation plan along with the permit. For more information on thelocal permits required for aggregate mining, contact the local county zoning or planning office.
Environmental Regulations forAggregate MiningPrepared by the Minnesota Department of Natural ResourcesDivision of Lands and Minerals500 Lafayette RoadSt. Paul, MN 55155-4045http://www.dnr.state.mn.us/lands_and_minerals/Contact: (651) 296-4807
Fact Sheet 1January 2001
STATE PERMITSIn general, state agencies have no regulatory role in administering or reviewing local permits.Depending on the size and scope of the mining operation, however, some state and federalpermits may apply to certain aggregate mining operations.
Minnesota Department of Natural Resources (DNR)Water Appropriation Permit A permit from the Department of Natural Resources - Division ofWaters may be required if there is a need to appropriate water as part of the mining operation.Appropriation permits are required for activities such as pit dewatering or aggregate washingplants that consume water at a rate of 10,000 gallons per day or 1,000,000 gallons per year.Contact: Jim Japs (651) 297-2835
Work in the Bed of Protected Waters Permit. If the mining activity will impact a protected bodyof water, a Work in the Bed of Protected Waters permit may also be needed. For more informa-tion about these permits, contact the area hydrologist at the local area DNR office (see thewebsite at http://www.dnr.state.mn.us/waters/resources/index.html for the closest office, or callthe general number for the division (651) 296-4800) or contact Ron Anderson at the DNRcentral office, Division of Waters, St. Paul, at (651) 296-0520.
Burning Permit. A burning permit may also be required if the applicant needs to burn brush fromclearing and stripping operations. Burning permits are available at many locations throughoutthe state. For more information, contact your local DNR office: http://www.dnr.state.mn.us/regions/
Shorelands, Floodplains, Wild and Scenic Rivers. DNR is responsible for three other programsestablished by law which might affect certain aggregate operations. The Shoreland ManagementAct, the Floodplain Management Act, and the Minnesota Wild and Scenic Rivers Act, are “landuse” or “zoning” type laws that require the DNR to institute minimum statewide developmentstandards for shoreland, floodplains and on certain rivers designated as Wild and Scenic Rivers.These standards must then be adopted through local zoning or land use ordinance. The shorelandregulations, for example, require that aggregate mining be a permissible land use within a givenshoreland zoning use district. If it is a permissible use, a plan must be prepared that addressesdust, noise, hours of operation, possible pollutant discharges, erosion control, mitigation ofenvironmental impacts, and reclamation. The law allows local units of government to be morerestrictive than the minimum standards. For information on how these regulations might affect aspecific operation within a shoreland, floodplain or wild and scenic river, contact your localcounty planning and zoning office.
Minnesota Board of Water and Soil Resources (BWSR)Wetland Permit. The Wetland Conservation Act requires a permit for certain activities thatimpact wetlands. The Act requires that the project proposer follow a sequence of developmentsteps that includes avoiding impacts to wetlands, minimizing unavoidable impacts, and mitigat-ing for the loss of wetlands due to a specific regulated activity. The overall authority for theWetlands Conservation Act is through the Minnesota Board of Water and Soil Resources(BWSR) with implementation through a local governmental unit. For more information, contactBWSR (central office) at (651) 296-3767 or contact your local Soil and Water ConservationDistrict Office: http://www.bwsr.state.mn.us/
Minnesota Pollution Control Agency (MPCA)Fuel and Hazardous Materials Management. The containment, storage, recycling and disposal ofused oil, lubricants, antifreeze, paint, solvents, vehicle clean wastes, recovered Freon, asbestos,PCBs, shop wastes and other hazardous materials must be in compliance with MPCA require-ments. For more information, contact MPCA (general number) at (800) 657-3864 or (651) 296-6300.
Liquid Storage Tanks. Management of liquid storage tanks, whether above ground or under-ground must be in compliance with MPCA requirements. For more information, contact MPCA.
Air Quality Aggregate mining facilities must meet minimum standards for dust and noise.Crushing operations may have to meet federal standards for emissions of particulates fromprocessing equipment. Depending on production capacity, an air emission permit may be re-quired. For more information, contact MPCA at (651) 282-6143 or (800) 657-3938.
Water Quality. The following activities at aggregate operations require a water quality permitfrom MPCA:• Discharge from washing plants that leave the mine, whether by gravity flow or pumping.• Pumping or siphoning out a mine to create a dewatering discharge.• Storm water runoff from mine stockpiles and pit walls, as well as from equipment like rockcrushers, hot mix asphalt, and concrete production plants.• Generation of wastewater by air emission control systems.For more information, contact MPCA at (651) 296-7238.
FEDERAL PERMITSU.S. Army Corps of Engineers (COE)Section 404 Permit. The Army Corps of Engineers is a federal agency that regulates the dis-charge of dredged or fill material within waters or wetlands. At aggregate mining operations,activities in wetlands that might trigger a 404 permit include mining activities, the constructionof access roads, building sites, storage areas, or water retention ponds. Each county has its ownproject manager. General information is available from the District Office of the Army Corps ofEngineers at (651) 290-5375.
ENVIRONMENTAL REVIEWEnvironmental Quality Board (EQB)Environmental Review. Rules developed by the state Environmental Quality Board determinewhen environmental review is needed for development projects. Environmental review in theform of an Environmental Assessment Worksheet (EAW) is required when an aggregate miningoperation is expected to exceed 40 acres in size to a mean depth of 10 feet. EnvironmentalImpact Statements (EIS) are mandatory for operations exceeding 160 acres. EAWs can beconducted on a discretionary basis if a proposed project is below the mandatory threshold undercertain conditions. The EQB rules specify the governmental unit that is responsible for complet-ing environmental review. For aggregate mining proposals, completing environmental review isthe responsibility of local government, most often the county planning or zoning office in whichthe proposed project is located. For more information about environmental review, contact EQBat (800) 657-3794 or (651) 296-8253 or the local county zoning and planning office.
Contents:
Environmental Review............ 1 Construction Storm Water ..... 1
Industrial Storm Water............ 1
Water Discharges .................. 1
Fuel and Hazardous Materials
Management .......................... 2
Air Quality Management ........ 2
Solid Waste Management 2
Water Withdrawals ................ 2
Riprap and Discharge Outlets 3
US Army Corps of Engineers 3
Additional Information ............ 3
Environmental Management at Aggregate Operations
Minnesota Pollution Control Agency, 520 Lafayette Rd. N., St. Paul, MN 55155-4194
(651) 296-6300, toll-free (800) 657-3864, TTY (651) 282-5332 or (800) 657-3864 This material can be made available in alternative formats for people with disabilities.
Waste water permits #3.01, 9/04
• Aggregate production is an important Minnesota industry, producing sand, gravel and crushed stone for construction projects and other uses throughout the state.
• The Minnesota aggregate industry recognizes the economic and public relations benefits of progressive environmental management.
wq-wwprm3-01
This fact sheet summarizes pollution prevention opportunities and Minnesota Pollution Control Agency (MPCA) permitting requirements for aggregate operations. Some general information about permit programs administered by other agencies is also provided. Environmental Review If a new pit or quarry is started, or an existing one is expanded by 40 acres or more, and the pit will have a mean depth of at least 10 feet during its existence, the project needs to have an Environmental Assessment Worksheet prepared. If the new pit or expansion will cover at least 160 acres, mined to a mean depth of 10 feet or more, an Environmental Impact Statement is needed. For more information on this process, contact the Environmental Quality Board at (651) 296-8253, or visit their Web site at: http://www.eqb.state.mn.us/review.html Construction Storm Water Construction storm water runoff at a new pit or quarry may require a construction storm water permit for the initial construction phases of operation. Construction activities, such as building roads, berms, containment devices, and grading at a new pit or quarry that involves one or more acres, may trigger the requirement to obtain a construction storm water permit, and to stabilize these initial disruptions before terminating the permit. For more information on Construction Storm Water requirements and the publications available to help you comply, contact the MPCA Customer Assistance Center (CAC) or Small Business Assistance
Program (SBAP), or visit our Web site at: http://www.pca.state.mn.us/water/ stormwater/stormwater-c.html Industrial Storm Water and other Water Discharges The aggregate industry deals with water throughout the construction season. To excavate gravel or rock, the water table may need to be lowered. Washing of sand, gravel or crushed stone may be needed to ensure it meets product specifications. The following activities at aggregate operations require a water quality permit from the MPCA: • Sand and gravel washing discharges that
leave the mine or quarry pit, whether by gravity flow or pumping.
Often, operators can recycle their wash water and/or allow it to infiltrate the pit floor, and avoid the need for wash water overflows and other discharges. This may change their requirement to have a permit.
• Pumping or siphoning out a mine or
quarry pit to create a dewatering discharge. Good sump management to prevent accumulation of dirty water is important, particularly in quarry pits. Sometimes pit water can be reused in the plant, or for road dust control.
• The generation of wastewater by air
emission control systems, particularly from the wet scrubbers used at some hot mix asphalt plants.
Environmental Management at Aggregate Operations PAGE 2
Water Quality/Wastewater Permits Water Quality/Wastewater Permits #3.01, September 2004
• The discharge of any other water from the site. • Storm water runoff from mine and quarry stockpiles
and pit walls, as well as from equipment like rock crushers, hot mix asphalt, and concrete production plants.
A site with runoff needs to have a Pollution Prevention Plan implemented for the operations at that particular site. Good management practices such as vegetative buffers, detention ponds, covered bulk containers and hazardous material storage areas, as well as the skillful placement of stockpiles and equipment, can greatly improve storm water management and erosion control at aggregate sites.
To apply for Water Quality permit coverage for aggregate operations, use the “Water Quality Transmittal Form” and “Attachment for Construction Sand & Gravel, Rock Quarrying and Hot Mix Asphalt Production Facilities” attachment form. For more information on Water Quality permits and requirements, contact the CAC or SBAP, or visit our Web site at: http://www.pca.state.mn.us/water/permits/sandgravel.html. Fuel and Hazardous Materials Management When equipment is refueled, maintained or repaired outside the shops, special care must be taken to prevent spills, and to quickly contain and collect accidental spills. The employees at each site should be trained under a spill control plan. Used oil, lubricants, antifreeze, paint, solvents, vehicle cleaning wastes, recovered freon, asbestos, PCBs and shop wastes should be properly contained, stored, and recycled or disposed of in compliance with MPCA requirements. For more information on Hazardous Waste requirements and the publications available to help you comply, contact the CAC or SBAP, or visit our Web site at: http://www.pca.state.mn.us/waste/pubs/business.html Liquid (including fuel) storage tanks, whether aboveground or underground, need to have effective containment and may need to be approved by the MPCA. For more information on tanks requirements and the publications available to help you comply, contact the
CAC or SBAP, or visit our Web site at: http://www.pca.state.mn.us/cleanup/tanks.html Air Quality Management All facilities must meet minimum standards for dust and noise control. Facilities with crushing operations may have to meet additional federal standards for emissions of particulates from processing equipment. It is important to control dust throughout the facility, including at crushers, screens, conveyors and hoppers. Due to potential air quality problems, materials containing asbestos (which is generally found in old buildings, and has been used in older roads and concrete materials) must not be crushed. The use of fuels, other volatile chemicals, and/or generators may also dictate additional air quality requirements. Depending on production capacity and processing equipment, an Air Emission Permit may be required. For more information on Air Quality requirements and the publications available to help you comply, contact the CAC or SBAP, or visit our Web site at: http://www.pca.state.mn.us/air/pubs/index.html Solid Waste Management Some aggregate operations store used asphalt and/or concrete, captured particulate emissions, or other demolition debris. The MPCA encourages recycling of these materials, and of scrap and trash materials, when possible. If this is not practical, used pavement must be disposed of in an approved sanitary or demolition debris landfill. For more information on Solid Waste requirements and the publications available to help you comply, visit our Web site at: http://www.pca.state.mn.us/waste/pubs/solidwaste.html, or call the MPCA at (651) 297-6300 or (800) 657-3864 to be connected to solid waste staff for your regional area. Water Withdrawals Surface or ground water withdrawals (such as for dewatering, washing, makeup water for scrubbers, roadbed preparation, dust control, irrigation) of more than ten thousand gallons/day or one million gallons/year require a DNR water appropriation permit. Re-use of dewatering and wash water is encouraged and may help eliminate the
Environmental Management at Aggregate Operations PAGE 3
Water Quality/Wastewater Permits #3.01, September 2004Water Quality/Wastewater Permits
need for a permit or reduce DNR water use fees. A DNR water appropriation permit is not required if the water is taken from a municipal or other source of water for which there is a valid appropriation permit. For more information on water use permits, contact the Department of Natural Resources at (651) 297-2835, or visit their web site at: http://www.dnr.state.mn.us/waters/watermgmt_section/ appropriations/index.html Riprap and Discharge Outlets Riprap installation for outflows to public waters does not require a DNR permit if installed according to the following requirements:
a. The riprap consists of natural rock only. b. The riprap is sized according to the guidelines in
practice 6.18 of the MPCA publication “Protecting water quality in urban areas”. This publication is available on-line at: http://www.pca.state.mn.us/water/pubs/sw-bmpmanual.html
c. The riprap conforms to the natural alignment of the shore or stream bank.
d. No excavation occurs below the top of the stream bank or the ordinary high water level of a basin or wetland.
e. The materials are placed less than 5 feet water ward of the ordinary high water mark.
f. The minimum finished slope is no steeper than 3 feet horizontal to 1 foot vertical (3:1).
g. No bank shaping or back sloping is required to achieve the 3:1 slope.
h. The materials do not obstruct receiving water flow.
i. The discharge is not directly to Lake Superior, DNR-designated trout waters, or a posted fish spawning area.
Trout waters are designated in Minn. R. 6264.0050, subp. 2 and 4; this list may be obtained from the DNR by calling (651) 296-3325. DNR Trout waters are also available on-line in the ‘Special Waters Search’ at http://www.pca.state.mn.us/water/stormwater/stormwater-c.html Information on DNR protected waters permits is available from the DNR at (651) 296-4800. US Army Corps of Engineers Activities that involve the discharge of dredged or fill material or excavation within waters and wetlands may require approval of the Corps of Engineers. Such activities
could include the construction of access roads or the creation of storage areas and building sites. Also, activities related to the construction of pit dewatering outfall structures and the excavation of water detention/retention ponds within waters and wetlands may require Corps approval. For more information on Corps of Engineers requirements, contact the St. Paul District Office at (651) 290-5375, or visit their web site at: http://www.mvp.usace.army.mil/environment/ Additional Information If you have questions or would like more information, contact:
Environmental Quality Board Environmental Review Process ...................... (651) 296-8253 Minnesota Pollution Control Agency Customer Assistance Center (CAC) ................(651) 297-2274 or ................(800) 646-6247
Small Business Assistance Program (SBAP)* (651) 282-6143 or (800) 657-3938
• Construction Storm Water • Industrial Storm Water • Waste Water Permitting • Storage Tanks • Hazardous Waste Management • Air Quality
Solid Waste Questions or Issues ..................... (651) 296-6300 or ..................... (800) 657-3864
*Note that businesses with fewer than 100 employees company-wide can call our Small Business Assistance Program for free, nonregulatory, confidential environmental assistance. Minnesota Department of Natural Resources Water Use Permits........................................... (651) 297-2835 Protected Waters Permits ............................... (651) 296-4800 Trout Waters Information................................ (651) 296-3325 US Army Corps of Engineers Dredge, fill or excavation to waters/wetlands . (651) 290-5375
Using Native Prairie Species forReclaiming AggregateMining SitesPrepared by the Minnesota Department of Natural ResourcesDivision of Lands and Minerals500 Lafayette RoadSt. Paul, MN 55155-4045http://www.dnr.state.mn.us/lands_and_minerals/Contact: (651) 296-4807
Fact Sheet 4January 2001
WHAT IS PRAIRIE?“Prairie,” in the simplest of terms, is a community of plants. Prairie plants are specially adaptedto the climate and conditions found in western and southern Minnesota including extremes oftemperature and weather, and high winds. Before European settlement 150 years ago, prairiecovered much of southwestern and western and northwestern Minnesota. The extreme condi-tions and constant grazing by bison kept competing plants to a minimum. Prairie plants havelong roots that hold the soil in place and allow the plants to survive drought. They are perennial,surviving the winter.
There are several different types of prairie in the Midwest. The tallgrass (or mesic) prairie,common in areas of moderate soil moisture levels, was typically found in western Minnesotawhere prairie grasses sometimes grew six feet high. Prior to European settlement, almost theentire Red River Valley consisted of tallgrass prairie.
USING PRAIRIE SPECIES FOR RECLAMATIONAt depleted aggregate mining sites in areas where tallgrass prairie occurs, it is reasonable toconsider revegetating with native prairie plants. Certain key characteristics of prairie plantsmake them a good choice for former mining sites. Because they are perennial, native prairiegrasses, once established, can provide a long-term cover that is self-sustaining and requires littlemaintenance. Mowing may be needed, and prescribed burning is recommended on a rotationstarting three or four years after planting.
Although a former aggregate site restored with native species offers many benefits, it does notrestore native prairie. Restoring more than a fraction of the species found in a native prairie isbeyond present capabilities because seed sources are not readily available in commercial quanti-ties for all prairie species.
In places where tallgrass prairie does not occur, and in certain other locations, native prairieplants may be inappropriate for reclamation projects. Most warm-season prairie grass seedgerminate late, most need prolonged moisture and warm soil. Areas seeded with native prairieplants may not germinate until the spring after initial seeding. Warm-season prairie grassesestablish an extensive root system during the first year. The top growth is limited to small leavesthat can be difficult to identify. Full scale plants develop during the second year. To compensatefor slow establishment of prairie plants, a cover crop of wheat or oats can be planted along withthe native seeds. Cover crops grow quickly, providing protection for the slower establishingnative species. In addition, cover crops tend to die off rapidly, within one or two years, andtherefore do not compete with more permanent native cover.
The slow initial growth of native plantings makes them less effective in erosion-prone locations.They are, therefore, not recommended on steep slopes composed of erodible soils. In addition topossible problems with slow development, prairie seed can be relatively expensive and can bedifficult to find. Sometimes, a specially-adapted seed drill is needed for large areas. Adequatesite preparation and regular weed control are essential for establishment. Due to the increasingpopularity of native prairie plantings, however, these difficulties are quickly being overcome.Although the initial costs may be higher, the long term benefits of native plantings are great.Provided below are basic guidelines for planting native species.
GENERAL GUIDELINESSite preparation:Native plantings need a firm weed-free seed bed. Several herbicide applications followed bydisking or mowing may be necessary on sites where vegetation is already established.
Seed source:Seed harvested from as close to the project site as possible will preserve genetic characteristicsand establish the vegetation types best adapted to the site.
Seed mixture and seeding rate:The seed mixture and the seeding rate used for a reclamation project should be selected based onthe site characteristics. In general, a diverse mix of grasses and forbs will provide the best resultsat a seeding rate in the range of 15 lbs/acre to 30 lbs/acre. If seed is harvested from a nearby siteand used for reclamation, an analysis of the seed harvest should be conducted and additionalseeding may be needed to complement the planting. Seed purchased from vendors can beblended to contain a diversity of species. The Minnesota Department of Transportation (Mn/DOT) has developed several general seed mixes for use on roadsides and ditches. The mixes area baseline that can be modified as appropriate for local conditions. For more information onnative species seed mixes, consult Mn/DOT’s Year 2000 Standard Specifications for Construction, or contact Mn/DOT at (651) 284-3750.
Seeding method:Native seed can be planted using a specially adapted drill that accommodates the light fluffynative seed. The final planting depth should be 1/2 to1 inch and maximum row spacing of about8 inches, at right angles to surface drainage. An alternative to drilling is to till the site and broad-cast the seed. Planting depth should be from 1/4 to 1/2 inch. After seeding, the site should bedragged with a rake or harrow and packed. Hand seeding is a good method for small areas.
Hydroseeding is an acceptable seeding method on steep slopes or other areas inaccessible to aseed drill. Hydroseeding is not recommended if the weather is hot and dry.
Cover crop:A cover crop can be seeded with native seed mixtures. The type of cover crop depends on theseason. Some possible cover crops are oats at a rate of 20 lbs/acre in the spring plantings, winterwheat at 20 lbs/acre for fall plantings, and annual rye grass at 10 lbs/acre for dormant seedings.
Timing:Native grasses should be planted from May 1 to June 30. Seeding may be done in the fall, butthe seeding rates should be increased slightly to account for seed mortality over the winter.Many species of wildflowers require a cold period to break dormancy and are best seeded late inthe fall. If seeded in the spring, they may not be seen until the second year after planting.Seedling plants can be used to add diversity to the plantings. Some desirable species are difficultto propagate from seed and are only available as seedlings.
Maintenance:During the first growing season, if the cover crop or annual weeds reach 18 inches or more inheight, the site should be mowed to a height not less than 6 inches with a rotary mower. Pre-scribed burns can be implemented on a three to five year rotation starting the third or fourth yearafter planting. Fall haying is an alternative in areas where burning is not possible.
For more information:Contact your local DNR area office, local Natural Resource Conservation Service office, or theU.S. Fish and Wildlife Service.
DRAFT 3 .8 .12 P l a n n i n g D e p a r t m e n t s R e c o m m e n d e d C o n d i t i o n a l U s e P e r m i t
C o n d i t i o n s o f A p p r o v a l f o r S a n d M i n i n g O p e r a t i o n s
General Condit ions 1 . A n e r o s i o n c o n t r o l p l a n i s r e q u i r e d . O w n e r / a p p l i c a n t
s h a l l p r o v i d e t h e C o u n t y w i t h a d e t a i l e d e r o s i o n c o n t r o l p l a n w h i c h s h a l l m i t i g a t e e r o s i o n o n n e i g h b o r i n g p r o p e r t y , w i n d e r o s i o n m i t i g a t i o n a n d f i n i s h e d c o n d i t i o n s s t a b i l i z a t i o n . A l l c r u s h i n g a n d p r o c e s s i n g w o r k m u s t i n c l u d e w a t e r i n g / m i s t i n g o p e r a t i o n s t o m i n i m i z e a i r b o r n e p a r t i c u l a t e .
2 . H o u r s o f O p e r a t i o n a r e r e s t r i c t ed . H o u r s o f o p e r a t i o n a t t h e m i n i n g s i t e s h a l l b e l i m i t e d t o t h o s e s p e c i f i e d i n t h e a p p l i c a t i o n a n d s h a l l n o t c o n f l i c t w i t h t h e m i n i m u m r e q u i r e m e n t s s p e c i f i e d i n S e c t i o n 9 . 1 0 . 3 ( 6 ) O f t h e W i n o n a C o u n t y Z o n i n g O r d i n a n c e . A d d i t i o n a l l y , t h e r e s h a l l b e n o h o u r s o f o p e r a t i o n o n t h e f o l l o w i n g o b s e r v e d h o l i d a y s : N e w Y e a r s D a y , E a s t e r , M e m o r i a l D a y , I n d e p e n d e n c e D a y , L a b o r D a y , T h a n k s g i v i n g a n d C h r i s t m a s D a y .
3 . S e t b a c k s a r e r eq u i r e d . M i n i n g o p e r a t i o n s s h a l l n o t b e c o n d u c t e d w i t h i n 1 , 0 0 0 f e e t o f a n e x i s t i n g r e s i d e n t i a l d w e l l i n g o r w i t h i n 5 0 f e e t o f a n e x i s t i n g w e l l . T h e p r i n c i p a l o w n e r o f t h e p r o p o s e d m i n e s i t e m a y s u b m i t a w r i t t e n c o n s e n t l e t t e r t o t h e C o u n t y , w a i v i n g t h e 1 , 0 0 0 f o o t s e t b a c k r e q u i r e m e n t , h o w e v e r , n o h o m e s h a l l e x i s t w i t h i n 3 0 0 f e e t o f a p r o p o s e d m i n e a n d n o w a i v e r s h a l l b e g r a n t e d f o r l e s s t h a n a 3 0 0 f o o t s e t b a c k . T h e C o u n t y r e s e r v e s t h e r i g h t t o i m p o s e g r e a t e r s e t b a c k r e s t r i c t i o n s o n a c a s e b y c a s e b a s i s , w h e r e n e c e s s a r y t o m i t i g a t e a d v e r s e i m p a c t s o n n e i g h b o r i n g l a n d u s e s .
4 . A i r Q u a l i t y M o n i t o r i n g . I n c a s e s w h e r e r e s i d e n t i a l h o m e s e x i s t w i t h i n 1 , 3 2 0 f e e t o f a p r o p o s e d m i n i n g s i t e , t h e o w n e r / a p p l i c a n t s h a l l b e r e s p o n s i b l e f o r t h e c o s t s o f a i r
q u a l i t y m o n i t o r i n g b y a p r o f e s s i o n a l s e l e c t e d b y t h e C o u n t y . A i r q u a l i t y s t a n d a r d s s h a l l n o t e x c e e d a m a x i m u m a l l o w a b l e l i m i t o f 3 u g / m 3 l e v e l s . I f t h e s e l e v e l s a r e e x c e e d e d , m i n i n g o p e r a t i o n s s h a l l c e a s e a n d b e r e q u i r e d t o t a k e n e c e s s a r y p r e c a u t i o n s t o m i n i m i z e a i r b o r n e p a r t i c u l a t e .
5 . W a t e r in g r e q u i r e d f o r c r u s h i n g a n d p r o c e ss i n g . A l l c r u s h i n g a n d p r o c e s s i n g w o r k m u s t i n c l u d e w a t e r i n g / m i s t i n g o p e r a t i o n s t o m i n i m i z e a i r b o r n e p a r t i c u l a t e .
6 . A F u g i t i v e D u s t P l a n I s R e q u i r e d . O w n e r / a p p l i c a n t s h a l l s u b m i t a c o m p r e h e n s i v e p l a n t o c o n t r o l f u g i t i v e d u s t o n t h e s i t e a n d d u r i n g h a u l i n g o p e r a t i o n s . A c c e s s d r i v e s , s h a l l b e w a t e r e d a n d / o r c o n d i t i o n e d r e g u l a r l y t o m i n i m i z e d u s t a t a l l t i m e s .
7 . S t o c k p i l e s . A l l s t o c k p i l e s s h a l l b e k e p t b e l o w 9 f e e t i n h e i g h t e x c e p t w h e r e s t o c k p i l e s a r e c o v e r e d t o p r e v e n t w i n d e r o s i o n o r w h e r e s t o c k p i l e s a r e r e g u l a r l y w a t e r e d t o p r e v e n t s u r f a c e a r e a s f r o m d r y i n g o u t a n d b e c o m i n g s u s c e p t i b l e t o w i n d b o r n e e r o s i o n o r w h e r e s t o c k p i l e s a r e p r o t e c t e d b y e x c a v a t e d b a n k s , p r e v e n t i n g w i n d b o r n e e r o s i o n . A l l s t o c k p i l e s s h a l l n o t e n c r o a c h u p o n a n y e a s e m e n t , r o a d w a y o r d r i v e w a y a n d s h a l l m a i n t a i n a m i n i m u m s e t b a c k o f 3 0 f e e t a s r e q u i r e d i n S e c t i o n 9 . 1 0 . 3 ( 4 ) i f t h e W C Z O .
8 . W a t e r Q u a l i t y M o n i t o r in g . T h e m i n e o p e r a t o r / o w n e r
s h a l l i n s t a l l g r o u n d w a t e r m o n i t o r i n g w e l l s a d j a c e n t t o t h e p r o p o s e d m i n e s i t e w h e r e t h e s i t e i s a d j a c e n t t o r e s i d e n t i a l p l a t s o r s u b u r b a n d e v e l o p m e n t , s p r i n g s , s i n k h o l e s a n d / o r w e l l h e a d p r o t e c t i o n a r e a s o r c o m m u n i t y w e l l s a n d s h a l l p r o v i d e t h e C o u n t y w i t h g r o u n d w a t e r t e s t i n g b y a n i n d e p e n d e n t e n v i r o n m e n t a l e n g i n e e r , a p p r o v e d b y t h e C o u n t y , a t t h e t i m e o f c o m m e n c e m e n t o f
d i s t u r b a n c e a c t i v i t i e s a n d t w i c e p e r y e a r u n t i l 1 y e a r a f t e r t h e m i n e h a s b e e n c o m p l e t e l y r e c l a i m e d .
9 . W e t l a n d P e r m it t i n g . N o m i n i n g o p e r a t i o n s h a l l a f f e c t e x i s t i n g w e t l a n d s e i t h e r o n s i t e o r a d j a c e n t t o p r o p o s e d o p e r a t i o n s w i t h o u t t h e p r o p e r p e r m i t t i n g .
1 0 . P r o h i b i t ed A c t i v i t i e s . B l as t i n g , m i l l i n g a n d c r u s h i n g s h a l l n o t b e p e r m i t t e d a t t h e m i n e s i t e , e x c e p t b y s p e c i f i c P l a n n i n g C o m m i s s i o n a p p r o v a l w i t h s p e c i f i e d t i m e l i m i t s a n d m i t i g a t i o n o f a i r b o r n e p a r t i c u l a t e . A p p l i c a n t s i n t e n d i n g o n b l a s t i n g m u s t s u b m i t d e t a i l e d i n f o r m a t i o n a s t o t h e f r e q u e n c y , d u r a t i o n , s c h e d u l e a n d v i b r a t i o n s t a n d a r d / t h r e s h o l d s f o r r e v i e w a n d a p p r o v a l b y t h e C o u n t y P l a n n i n g C o m m i s s i o n .
1 1 . N o i s e L e v e l s R e s t r i c t ed . O w n e r / a p p l i c a n t m u s t c o n f o r m t o a l l C o u n t y o r d i n a n c e s w i t h r e g a r d t o l i g h t i n g a n d n o i s e l e v e l t h r e s h o l d s .
1 2 . L i g h t i n g / G l a r e . L i g h t i n g s h a l l b e h o o d e d o r c o n t r o l l e d i n s o m e m a n n e r s o a s n o t t o l i g h t a d j a c e n t p r o p e r t y o r p u b l i c r i g h t o f w a y a s r e q u i r e d i n S e c t i o n 9 . 1 . 7 o f t h e W C Z O .
1 3 . S t a t e B M P G u i de l i n e s . O w n e r / a p p l i c a n t s h a l l u s e t h e M i n n e s o t a P o l l u t i o n C o n t r o l A g e n c y ’ s E n v i r o n m e n t a l M a n a g e m e n t B e s t M a n a g e m e n t P r a c t i c e s u s e d a s a g u i d a n c e t o o l a n d r e f e r e n c e d o c u m e n t .
1 4 . S t a t e a n d F e d e r a l R e q u i r e m e nt s . O w n e r / a p p l i c a n t s h a l l
a b i d e b y a l l l o c a l , s t a t e a n d f e d e r a l r e g u l a t i o n s , i n c l u d i n g M i n e S a f e t y a n d H e a l t h A d m i n i s t r a t i o n s t a n d a r d s . A l l a p p l i c a b l e p e r m i t s s h a l l b e p l a c e d o n f i l e w i t h t h e C o u n t y p r i o r t o t h e c o m m e n c e m e n t o f m i n i n g o p e r a t i o n s .
1 5 . P r o j e c t M a n a g e r / C o n t a c t P e r s on R e q u i r e d . O w n e r / a p p l i c a n t s h a l l a t a l l t i m e s h a v e a n a g e n t w h o s e n a m e , f a x n u m b e r , t e l e p h o n e n u m b e r / c e l l u l a r n u m b e r a n d e m a i l a d d r e s s a r e o n f i l e w i t h t h e C o u n t y a n d T o w n C l e r k i n o r d e r t o r e s p o n d p r o m p t l y t o c o n c e r n s . T h e a g e n t s n a m e a n d c o n t a c t i n f o r m a t i o n s h a l l b e a v a i l a b l e o n s i t e o n a 2 ’ x 3 ’ p l a c a r d o r s i g n a t t h e s i t e e n t r a n c e .
1 6 . M P C A F u e l a n d H a z ar d o u s M a t er i a l s S t o r a g e R u l e s .
O w n e r / a p p l i c a n t s h a l l f o l l o w M i n n e s o t a P o l l u t i o n C o n t r o l A g e n c y r e g u l a t i o n s f o r F u e l a n d H a z a r d o u s M a t e r i a l s M a n a g e m e n t a s a p p l i c a b l e o n s i t e .
1 7 . S i t e S p e c i f i c R e q u i r e m e nt s . T h e C o u n t y B o a r d / P l a n n i n g
C o m m i s s i o n r e s e r v e s t h e r i g h t t o r e v i e w s i t e s p e c i f i c d e t a i l s a n d i m p o s e a d d i t i o n a l r e s t r i c t i o n s o r c o n d i t i o n s t o t h e i s s u a n c e o f a C o n d i t i o n a l U s e P e r m i t , a s i t d e e m s n e c e s s a r y t o p r o t e c t t h e h e a l t h , s a f e t y a n d g e n e r a l w e l f a r e o f t h e p u b l i c . T h e s e c o n d i t i o n s m a y i n c l u d e b u t a r e n o t l i m i t e d t o p e r f o r m a n c e c h a r a c t e r i s t i c s , e n h a n c e d s e t b a c k s , a n d m a t t e r s r e l a t i n g t o a p p e a r a n c e i n o r d e r t o m i t i g a t e p o t e n t i a l n u i s a n c e s a n d l a n d u s e c o n f l i c t s .
1 8 . V i o l a t i o ns a n d P e n a l t i es . A n y v i o l a t i o n o f t h e c o n d i t i o n s o f a p p r o v a l m a y r e s u l t i n t h e e x e c u t i o n o f a s t o p w o r k o r d e r , b o n d w i t h d r a w a l , l e g a l a c t i o n o r a n y c o m b i n a t i o n t h e r e o f u n t i l s u c h v i o l a t i o n i s p e r m a n e n t l y c o r r e c t e d .
1 9 . R e q u i r e m en t s P r i o r t o M i n i n g t o b e S a t i s f i e d . C o m m e n c e m e n t o f l a n d d i s t u r b a n c e a n d / o r m i n i n g a c t i v i t y s h a l l b e p r o h i b i t e d u n t i l a l l r e q u i r e d s u b m i t t a l s a n d a b o v e s t a t e d c o n d i t i o n s a r e m e t a n d a p p r o v e d b y t h e C o u n t y . I t i s h i g h l y r e c o m m e n d e d t h a t t h e a p p l i c a n t p r o v i d e t h e C o u n t y P l a n n i n g D e p a r t m e n t w i t h a s c h e d u l e o f s u b m i t t a l s a n d a n s w e r s m a t c h i n g t h e c o n d i t i o n s o f a p p r o v a l a n d t h e t i m i n g o f e a c h s u b m i t t a l .
Road Use Condit ions
2 0 . A R o a d U s e A g r e e m e n t i s R e q u i r e d . O w n e r a p p l i c a n t s h a l l b e r e q u i r e d t o e n t e r i n t o a r o a d u s e m a i n t e n a n c e a g r e e m e n t w i t h W i n o n a C o u n t y w h i c h s h a l l s p e c i f y t h e o w n e r / a p p l i c a n t ’ s r e s p o n s i b i l i t i e s w i t h r e g a r d t o r o a d m a i n t e n a n c e c o s t s b a s e d o n t h e l i f e e x p e c t a n c y o f t h e q u a r r y i n c l u d i n g b u t n o t l i m i t e d t o :
T e m p o r a r y p o s t i n g a n d s i g n a g e
C r a c k i n g
S u b b a s e
D r a i n a g e
S u r f a c e c o n d i t i o n s / d i s t o r t i o n
R i d e q u a l i t y
S h o u l d e r m a i n t e n a n c e
R e p l a c e m e n t c o s t s b a s e d o n p a v e m e n t r a t i n g a t t h e t i m e o f c o m m e n c e m e n t o f m i n i n g o p e r a t i o n s
T h e C o u n t y r e s e r v e s t h e r i g h t t o d e n y p e r m i t s f o r m i n i n g s i t e s h a v i n g i n a d e q u a t e i n f r a s t r u c t u r e t o s u p p o r t a n t i c i p a t e d t r a f f i c c h a r a c t e r i s t i c s o f t h e p r o p o s e d o p e r a t i o n , u n l e s s t h e r o a d u s e a g r e e m e n t a c c o m m o d a t e s i n f r a s t r u c t u r e i m p r o v e m e n t s s u p p o r t i n g t h e i n t e n d e d u s e .
2 1 . A c c e s s P e r m i t . O w n e r / a p p l i c a n t s h a l l o b t a i n a n a c c e s s p e r m i t f r o m t h e C o u n t y f o r w h e r e m i n e t r a f f i c e n t e r s o r e x i t s o n t o a C o u n t y h i g h w a y . I n a d d i t i o n , t h e o w n e r / a p p l i c a n t s h a l l o b t a i n a l l r e q u i r e d l o c a l p e r m i t s f o r a c c e s s t o T o w n s h i p r o a d s a n d s h a l l p l a c e t h e s a m e o n f i l e w i t h t h e C o u n t y .
2 2 . T r a c k i n g P a d R e q u i r e d . T h e o w n e r / a p p l i c a n t s h a l l b e r e s p o n s i b l e f o r p a v i n g t h e a p p r o a c h t o t h e c o u n t y r o a d f o r a m i n i m u m d i s t a n c e o f 4 0 f e e t f r o m t h e s h o u l d e r o f t h e c o u n t y r o a d w i t h a s p h a l t .
2 3 . T r a f f i c i s L i m i t e d b y t h e P e r m i t f o r D u e P r o c e s s C o n s i d er a t i on s . T h e q u a r r y o p e r a t i o n s h a l l n o t e x c e e d 7 0 l o a d e d t r u c k s p e r d a y d u r i n g n o r m a l o p e r a t i o n s , e x c e p t a s p e r m i t t e d b y t h e C o u n t y f o r s h o r t t e r m o p e r a t i o n s w h i c h m u s t b e d e f i n e d a t t h e t i m e o f t h e c o n d i t i o n a l u s e p e r m i t r e v i e w a n d a p p r o v a l . A n y e x c e e d a n c e o f 7 0 t r i p s p e r d a y s h a l l b e i m m e d i a t e l y d i s c l o s e d t o t h e C o u n t y f o r r e v i e w .
2 4 . A m e n d m e n t t o Tr a f f i c L e v e l s R e q u i r e s R e v i e w . R e q u e s t s t o r e - e v a l u a t e a v e r a g e a n d m a x i m u m d a i l y - l o a d e d t r i p s i n o r d e r t o a d j u s t a n n u a l r o a d m a i n t e n a n c e f e e s m a y o c c u r t w o y e a r s s u b s e q u e n t t o t h e i n i t i a l s t a r t u p o f t h e s a n d m i n i n g o p e r a t i o n , s u b j e c t t o t h e C o u n t y H i g h w a y E n g i n e e r a p p r o v a l . T h i s c o n d i t i o n s h a l l b e a p p l i c a b l e w h e r e a n n u a l a v e r a g e t r a f f i c v o l u m e i n c r e a s e b y 1 0 % o r m o r e .
2 5 . S p r i n g L o a d R e s t r i c t io n s . L o a d s s h a l l b e r e q u i r e d t o c o m p l y w i t h S p r i n g L o a d R e s t r i c t i o n s a s p e r M N / D O T O f f i c e o f M a t e r i a l s & R o a d R e s e a r c h u n l e s s w a i v e d b y t h e C o u n t y H i g h w a y E n g i n e e r .
2 6 . S e a s o n a l R o a d C l o s u r es A p p l y . T h e C o u n t y r e s e r v e s t h e r i g h t t o c l o s e r o a d s d u r i n g f r e e z e - t h a w p e r i o d s a n d c o n d i t i o n s w h e r e r o a d w a y s a r e d e e m e d u n s a f e d u e t o m a t e r i a l s p i l l a g e o r r e s u l t i n g s l i p p e r y c o n d i t i o n s .
2 7 . R e p o r t in g V e h i c l e W e i g h t s . O w n e r / A p p l i c a n t s h a l l b e r e q u i r e d t o i d e n t i f y a m e t h o d o f p o s i t i v e c o n t r o l s r e g a r d i n g t h e w e i g h t o f v e h i c l e s l e a v i n g t h e m i n e a n d m e t h o d t o i n s u r e v e h i c l e s d o n o t e x c e e d t h e w e i g h t l i m i t s o f t h e r o a d s a n d b r i d g e s u p o n w h i c h t h e y w i l l t r a v e l , a n d o b t a i n a p p r o v a l b y t h e C o u n t y H i g h w a y E n g i n e e r o n t h e m e t h o d s a n d f r e q u e n c y o f i n s p e c t i o n u s e d . C o n t r o l s s u c h a s s c a l e s a n d r e g u l a r r e p o r t i n g o n v e h i c l e w e i g h t s s h a l l b e i m p l e m e n t e d w i t h w e e k l y r e p o r t i n g t o t h e C o u n t y H i g h w a y D e p a r t m e n t .
2 8 . S t r e e t M a i n t en an c e a n d S w e e p i n g R e q u i r e d . O w n e r / a p p l i c a n t s h a l l b e r e s p o n s i b l e f o r m o n i t o r i n g r o a d w a y s a n d r o a d w a y s w e e p i n g a s n e c e s s a r y t o m a i n t a i n s a f e c o n d i t i o n s . A l l t r a n s p o r t a t i o n r o u t e s u s e d b y t h e m i n e s h a l l h a v e a n y a c c u m u l a t i o n o f v i s i b l e d e b r i s o r s a n d f r o m t h e m i n e s i t e . T h e o w n e r / a p p l i c a n t s h a l l t a k e a l l n e c e s s a r y p r e c a u t i o n s t o a v o i d s p i l l a g e o n W i n o n a C o u n t y r o a d w a y s .
2 9 . R e q u i r e m en t f o r S e c u r e L o a d s . N o v e h i c l e s h a l l b e d r i v e n
o r m o v e d o n a n y r o a d w a y u n l e s s s u c h v e h i c l e h a s t h e l o a d s e c u r e l y c o v e r e d a s t o p r e v e n t a n y o f i t s l o a d f r o m d r o p p i n g , s i f t i n g , l e a k i n g , b l o w i n g , o r o t h e r w i s e e s c a p i n g f r o m v e h i c l e s .
3 0 . T r a f f i c I m p a c t A n a l y s i s R e q u i r e d . O w n e r / a p p l i c a n t s h a l l
b e r e s p o n s i b l e f o r t h e p r e p a r a t i o n o f a t r a f f i c s t u d y i n d i c a t i n g a n y r e q u i r e d i m p r o v e m e n t s f o r i n g r e s s a n d e g r e s s , v i s i o n / s i g h t l i n e s a n d t r a f f i c c o n t r o l w i t h i n a s e r v i c e a r e a d e f i n e d b y t h e C o u n t y H i g h w a y E n g i n e e r O w n e r / a p p l i c a n t s h a l l b e r e s p o n s i b l e f o r t h e c o s t o f s a i d i m p r o v e m e n t s u p o n r e v i e w a n d a p p r o v a l b y t h e C o u n t y H i g h w a y E n g i n e e r - p r i o r t o t h e c o m m e n c e m e n t o f m i n i n g o p e r a t i o n s .
3 1 . L o c a l R o a d U s e A g r e e m e n t w i t h T o w n s h i p R e q u i r e d . T h e o w n e r / a p p l i c a n t s h a l l b e r e s p o n s i b l e t o e n t e r i n t o a r o a d u s e a g r e e m e n t w i t h t h e T o w n s h i p f o r t h e u s e o f a n y l o c a l -t o w n s h i p r o a d a n d s h a l l b e r e s p o n s i b l e f o r m a i n t e n a n c e a n d r e p a i r o f a n y d a m a g e r e s u l t i n g f r o m t h e p r o p o s e d m i n i n g o p e r a t i o n .
Reclamation Condit ions
3 2 . R e c l a m a t i on P l a n R e q u i r e d . A c o m p l e t e a n d d e t a i l e d
r e c l a m a t i o n p l a n s h a l l a c c o m p a n y a l l a p p l i c a t i o n s w h i c h m e e t s o r e x c e e d s t h e r e q u i r e m e n t s o f S e c t i o n 9 . 1 0 o f t h e
W C Z O . T h e p l a n s h a l l b e p r e p a r e d b y a q u a l i f i e d p r o f e s s i o n a l w i t h p r o p e r c r e d e n t i a l s f o r r e c l a m a t i o n p l a n p r e p a r a t i o n , s p e c i f y i n g t h e f o l l o w i n g :
A s y s t e m a t i c a p p r o a c h t o l a n d r e c l a m a t i o n f o r t h e m i n i n g s i t e , i n c l u d i n g p h a s e s a n d s c h e d u l e f o r r e c l a m a t i o n w i t h n o m o r e t h a n 5 a c r e s o p e n i n a n y p h a s e p e r y e a r . T h e C o u n t y r e s e r v e s t h e r i g h t t o r e v i e w t h e c o n d i t i o n a l u s e p e r m i t a n n u a l l y t o e n f o r c e c o m p l i a n c e .
P r o p o s e d l a n d u s e a f t e r r e c l a m a t i o n a c t i v i t i e s a r e c o m p l e t e d - R e c l a m a t i o n p l a n s f o r s a n d m i n i n g s i t e s s h a l l i n c l u d e a l a n d u s e / c o v e r p l a n e q u a l t o t h e a c t u a l l a n d u s e / c o v e r t y p e s p r e v i o u s t o m i n i n g o p e r a t i o n s . A r e a s i n t e n d e d f o r p o s t - m i n i n g a g r i c u l t u r a l u s e s m u s t i n c l u d e a p p r o v a l b y S W C D f o r b e s t m a n a g e m e n t p r a c t i c e s .
I n a c t i v i t y a t t h e m i n e s i t e s h a l l r e q u i r e r e c l a m a t i o n i n a c c o r d a n c e w i t h t h e t e r m s o f t h e N P D E S p e r m i t . N P D E S p e r m i t s h a l l b e p l a c e d o n f i l e w i t h W i n o n a C o u n t y b e f o r e e x t r a c t i o n / m i n i n g o p e r a t i o n s c o m m e n c e . I n a c t i v i t y s h a l l b e d e f i n e d a s w h e n a n o p e r a t o r o f a s u r f a c e m i n i n g o p e r a t i o n h a s c u r t a i l e d p r o d u c t i o n a t t h e s i t e / o p e r a t i o n w i t h t h e i n t e n t t o r e s u m e a t a f u t u r e d a t e , f o r a p e r i o d o f o n e y e a r o r m o r e b y m o r e t h a n 9 0 p e r c e n t o f i t s m a x i m u m a n n u a l m i n e r a l p r o d u c t i o n .
3 3 . S u b t e r r a n e a n E ng i n e e r i n g A n a l y s i s R e q u i r e d .
O w n e r / a p p l i c a n t s h a l l s u b m i t a n a n a l y s i s p r e p a r e d b y a q u a l i f i e d i n d e p e n d e n t e n g i n e e r i n g f i r m o f t h e e x i s t i n g g e o l o g i c c o n d i t i o n s b o t h i n t h e e x t r a c t i o n a r e a a n d s u b -e x t r a c t i o n a r e a a n d t h e i m p a c t s o f t h e m i n i n g o p e r a t i o n s , i n c l u d i n g t h e a p p l i c a b i l i t y o f t h e r e c l a m a t i o n p l a n i n c l u d i n g a n y p o t e n t i a l a d v e r s e a f f e c t o n a r e a h y d r o l o g y , s p r i n g s o r K a r s t f o r m a t i o n s . T h e C o u n t y r e s e r v e s t h e r i g h t t o h a v e t h i s d a t a r e v i e w e d b y
s t a t e g e o l o g i s t s / h y d r o l o g i s t s a n d / o r S W C D a n d N R C S s t a f f .
3 4 . P e r f o r m a n c e G ua r a n t e e s R e q u i r e d . P e r f o r m a n c e b o n d s
s h a l l b e r e q u i r e d f o r t h e f o l l o w i n g :
1 1 0 % o f t h e e s t i m a t e d c o s t o f r e c l a m a t i o n f o r a p e r i o d e q u a l t o t h e l i f e o f t h e q u a r r y p l u s 2 y e a r s . P e r f o r m a n c e b o n d s f o r r e c l a m a t i o n m a y o n l y c o v e r t h e a r e a s o f d i s t u r b a n c e f o r t h e d u r a t i o n o f m i n i n g a c t i v i t y a n d m a y ‘ r o l l ’ w i t h d i s t u r b a n c e a c t i v i t y a c c o r d i n g l y i n o r d e r t o m i n i m i z e f i n a n c i a l b u r d e n o n t h e a p p l i c a n t .
1 1 0 % o f t h e e s t i m a t e d c o s t o f t h e r o a d w a y m a i n t e n a n c e a g r e e m e n t r e q u i r e m e n t s f o r a p e r i o d o f 5 y e a r s . .
A p e r f o r m a n c e s u r e t y s h a l l b e p r o v i d e d i n t h e a m o u n t o f $ 1 , 0 0 0 p e r a c r e f o r t h e t o t a l p r o p o s e d s i t e d i s t u r b a n c e . T h e s u r e t y s h a l l b e u s e d t o r e i m b u r s e t h e C o u n t y f o r a n y m o n i e s , l a b o r , o r m a t e r i a l e x p e n d e d t o b r i n g t h e o p e r a t i o n i n t o c o m p l i a n c e w i t h t h e c o n d i t i o n s o f t h e p e r m i t .
3 5 . A n E A W o r E I S M a y B e R e q u i r e d B e f o r e C U P A p p l i c a t i on
A c c e p t a n c e . D i s c r e t i o n a r y e n v i r o n m e n t a l r e v i e w c a n b e i n i t i a t e d b y t h e P l a n n i n g C o m m i s s i o n a n d C o u n t y B o a r d . T h e O w n e r / a p p l i c a n t s h a l l p r o v i d e a n E n v i r o n m e n t a l A s s e s s m e n t W o r k s h e e t f o r t h e p r o p o s e d s i t e i n a c c o r d a n c e w i t h W i n o n a C o u n t y s t a n d a r d s .
DISCRETIONARY EAW GUIDANCE
The following checklist provides a realm of potential environmental concerns that if present or perceived may be used as justification for an EAW requirement. Discretionary EIS’s are subject to the findings of an EAW and require County Board consideration.
For an EAW to be required, one or more of the following conditions may be present:
Staff Review Planning Commission Review
1. Nearby vulnerable populations such as nursing homes, day care centers, residential areas, urban development and schools.
2. Project may have adverse impacts on hydrology including the quality or quantity of groundwater or surface water resources, public water supplies, wellhead protection areas, groundwater recharge areas, adjacent wells, springs, seeps, or wetlands.
3. Prevalent land cover includes a floodplain, shoreland, or protected bluff/ steep slope area as defined in the WCZO.
4. Prevalent land cover includes rare plant or animal communities or other sensitive ecological resources included in the List of Endangered, Threatened, and Special Concern Species as codified as Minnesota Rules, Chapter 6134.
5. Project may involve a point or non-point discharge of storm water or wastewater to a stream or river
6. Project has the potential for creating substantial erosion.
7. Project is located in an area susceptible to sinkhole formation or other geologic hazards.
8. Project involves hazardous wastes and/or storage tanks.
9. Project increases traffic intensity beyond the access and roadway capacity.
10. Project involves air emission concerns related to high levels of dust such as with blasting, crushing and milling operations.
11. Project has the potential for high levels of odors or noise.
12. Site or nearby areas contain archaeological or historic resources.
13. Site contains prime farmland (soil types as defined in local ordinances) or is part of an agricultural preserve program.
14. Site impacts designated trails, parks, recreation areas.
15. Intended disturbance of the Jordan or Wonewoc (Ironton, Galesville Sandstone) geologic formation.
Winona County PlanningWinona County Government Center
177 E. Main StreetWinona, MN 55987
Phone: 507.457.6335Fax: 507.454.9378
www.co.winona.mn.us
Owner Name
Ass igned by staf f
Receipt Number
Home Work / Cell
Address
City, State, Zip
Petition for Conditional Use Permit
Genera
l In
form
ati
on
Telephone
PIN #
Property Size
Township Section
Site width
Square feet Acres
Site depth
Range
Pro
pert
y Info
rmati
on
Please provide a complete legal description of the property. The legal description can be found on your deed, abstract or the Minnesota property tax statement.
ExistingStructures
(include completiondates)
Mailing Address(if different)
Residential Commercial Agricultural IndustrialIntended useof structure
Class of work
Description of Request
Structuredimensions
Request
Info
rmati
on
New
Length
Side yard (near) Side yard (far) Rear yard ShorelineRoad centerline
Width Height
Addition Alteration Repair Demolition Relocation
Setbacks (ft)
# of Employees:
Info
rmati
on
Current: Proposed:
Parking Spaces: Customers: Employees:
Explain Signage Size /Type:
Explain what flammable or hazardous materials will be present:
Explain hours and days of operation:
Fee: $450.00
Owner Signature Date
DateAgent / Representative Signature
ALL APPLICANTS MUST SIGNI certify by my signature that all information presented herein is true and correct to the best of my knowledge. I give permission for staff of Winona County to enter my property for the purpose of collecting information, shooting video to be used as part of the public hearing process, and inspections in the future to verify compliance with conditions should CUP be approved.
Note: At the public hearing, the applicant may appear in person or through an agent or an attorney of his/her choice. The applicant/agent/attorney may present testimony, evidence and arguments in support of his/her application. All site plans, pictures, etc. become the property of the Department and will remain in the file.
5.5.3 Required Information and Exhibits
1. Completed application, including the names and addresses of thepetitioner or petitioners and their signature to the petition and astatement of the requested conditional use.
2. A legal description of the property for which the conditional use isrequested.
3. A statement of reasons warranting the intended use in the zoningdistrict to insure compatibility of the proposed use with the CountyComprehensive Plan.
4. A site plan of the property. The site plan shall include, as pertinentbut not limited to, the following information: the location of proposedstructures, existing structures, geological features, floodplains,architectural plans, traffic generation, signs, drainage, water table,flood proofing, landscaping plans, lighting arrangements, placementof solid waste, hours of operation, utilities, topography, vegetation,soils information, adjacent land use, roads, property lines, waterways,sewage treatment areas, water supply systems, parking, road access,filling, dredging, grading, channel improvement, storage of materials,water supply, sanitary facilities, specifications for building constructionand materials.
5. The petitioner must submit to the Planning Department a TownshipAcknowledgment Form. The petitioner is responsible to contactthe Town Board where the subject property lies to seek a place ontheir agenda as a means to advise the Town Board of the proposal.After considering the proposal, the Town Board will record anyconcerns, observations, and/or recommendation on the TownshipAcknowledgment Form for the Planning Commission to considerduring their review of the request.
6. A non binding recommendation from the Township in which theproposal is to be located.
7. Any other relevant information and material requested by thePlanning Director or the Planning Commission.
Criteria to Grant Conditional Use Permit
5.5.4.1 Criteria to Grant a Conditional Use Permit for a Request that is not a Livestock Feedlot or a Dwelling on Less than Required Acreage in the A/RC District
The Planning Commission before making a recommendation to the County Board regarding a Conditional Use request, shall ensure therequest fulfils all specific standards of the Winona County Zoning Ordinance, and shall find adequate evidence to the following findings:
1. The use will not create an excessive burden on existing parks, schools, streets/roads and other public facilities and utilities whichserve or are proposed to serve the area.
2. The use will be sufficiently compatible or separated by distance or screening from adjacent land so that existing properties will not be depreciated in value and there will be no deterrence to developmentof vacant land.
3. The structure and site shall have an appearance that will not have anadverse effect upon adjacent residential properties.
4. The use is reasonably related to the overall needs of the County and to the existing land use.
5. The use is consistent with the purpose of the Zoning Ordinance and the purposes of the zoning district in which the applicant intends to locate the proposed use.
6. The use is in conformance with the Comprehensive Plan of the County.
7. The use will not cause traffic hazard or congestion.
5.5.4.2 Criteria to Increase Residential Densities in the Agricultural / Resource Conservation (A/RC) District
The Planning Commission before making a recommendation to the County Board regarding a Conditional Use request to increase residential densities in the A/RC District, shall ensure the request fulfils all specific standards of the Winona County Zoning Ordinance, and shall find adequate evidence to the following standards:
1. Will not create an excessive burden on existing parks, drainage structures, emergency services, schools, streets/roads and other public facilities and utilities which serve or are proposed to serve the area.
2. Will not change the essential character of the area, and through its design, construction, operation, and maintenance is harmonious andappropriate in appearance with the existing or intended character of the general vicinity.
3. The proposed lot takes advantage of its proximity to other non-farm residences, the configuration of the original tract, or the location of waterways and other natural features to use the site for residentialpurposes instead of agricultural uses.
4. The proposed lot consists of Class IV through Class VIII soils as identified in the Soil Survey of Winona County as a means to prevent the disturbance to prime soils. An applicant may also develop a siteif the proposed lot consists of forty (40) percent or less of Class I through Class III soils.
5. The proposed residence shall not adversely affect environmentally sensitive areas or result in the disruption of wetlands, or other environmental features.
6. The evidence reveals the proposed lot has existed as a non-tillable area for at least ten (10) years.
7. The residence would not substantially restrict the expansion of adjacent agricultural activities.
8. County and Township roads and/or highways adequately serve the proposed residence, and the residence will not place demands on public services and facilities in excess of current capacity unlessplanned improvements will occur.
9. The proposed density is determined to be acceptable as a long-range land use for the County as evaluated against the land use policies of the Winona County Comprehensive Plan as depicted on the Final Composite Map (Figure #49) in the Winona County Comprehensive Plan.
10. The request is either consistent with the existing residential development pattern of the area as characterized by the presence of similarly sized residential lots within one thousand (1,000) feet of the proposed lot boundary, or located within a quarter (0.25) mile of an unincorporated community and/or within a half (0.5) mile from any corporation limits.
Criteria to Grant Conditional Use Permit
5.5.4.3 Criteria for Feedlot Conditional Use Permit
The Planning Commission before making a recommendation to the County Board regarding a Conditional Use request to expand a livestockfeedlot, shall ensure the request fulfils any specific standards of the Winona County Zoning Ordinance, and shall find adequate evidence showing that the proposed Conditional Use at the proposed location:
1. Will not create an excessive burden on existing parks, drainage structures, emergency services, schools, streets/roads and other public facilities and utilities which serve or are proposed to serve the area.
2. Will not change the essential character of the area, and through its design, construction, operation, and maintenance is harmonious andappropriate in appearance with the existing or intended character of the general vicinity.
3. Applies innovative technology and/or distinctive management processes to reduce odor from the facility and/or manure storage systems as a means to mitigate adverse effects on adjacent residentialproperties; or promotes the planting of trees and shrubs of adequate size to reduce wind movement of odors away from buildings, and/or manure storage systems.
4. Will avoid exposing adjacent properties and natural features from significant adverse impacts from noise, fumes, odors, glare, and surface and groundwater contamination, and the site is absolvedof any past and current violations relating to confined feeding operations.
5. Complies with the Winona County Zoning Ordinance, specifically the standards regulating livestock feedlots described in Chapter 8, andconforms with the purposes of the underlying Zoning District.
6. Will be harmonious and in accordance with the goals and policies of the Comprehensive Plan.
7. Will have vehicular access to the site designed as not to create atraffic hazard or congestion.
8. The Planning Commission when considering a Conditional Use Permit for a livestock feedlot must verify with the County Feedlot Officer that the petitioner(s) has submitted a Manure ManagementPlan adhering to the requirements listed in Chapter 8 of the Winona County Zoning Ordinance. The petitioner(s) must also fully acknowledge the responsibility to collect, store, and dispose of liquidand solid manure according to recognized practices of accepted agricultural management.
5.5.4.4 Criteria for the Issuance of a Conditional UsePermit in the Floodplain District
The Planning Commission before making a recommendation to theCounty Board regarding a Conditional Use request in the Floodplain District as described by the Natural Features Overlay District, shall ensure the request fulfils all specific standards of the Winona County Zoning Ordinance, and shall find adequate evidence that the use adequately addresses the following issues/concerns:
1. Will not create an excessive burden on existing parks, drainagestructures, emergency services, schools, streets/roads and otherpublic facilities and utilities which serve or are proposed to serve the area.
2. Will not change the essential character of the area, and through its design, construction, operation, and maintenance is harmonious and appropriate in appearance with the existing or intended character of the general vicinity.
3. The danger to life and property due to increased flood heights or velocities caused by encroachments.
4. The danger that materials may be swept onto other lands ordownstream to the injury of others or they may block bridges,culverts or other hydraulic structures.
5. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions.
6. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
7. The importance of the services provided by the proposed facility to the community.
8. The requirements of the facility for a waterfront location.
9. The availability of alternative locations not subject to flooding for the proposed use.
10. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.
11. The relationship of the proposed use to the Comprehensive Plan and Floodplain Management Program for the area.
12. The safety of access to the property in times of flood for ordinary and emergency vehicles.
13. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site.
14. Such other factors which are relevant to the purposes of thisOrdinance.
15. The County Board in granting a Conditional Use Permit in theFloodplain, shall prescribe appropriate safeguards and stipulations to fulfill the purpose of the Natural Features Overlay District. Such stipulations may include, but are not limited to, the following:
a. Modification of waste treatment and water supply facilities.
b. Limitations on period of use, occupancy, and operation.
c. Imposition of operational controls, sureties, and deed restrictions.
d. Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures.
e. Flood proofing measures, in accordance with the State Building Code and this Ordinance. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the flood proofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area.
Criteria to Grant Conditional Use Permit
5.5.4.5 Criteria for the Issuance of a Conditional UsePermit in the Shoreland District
The Planning Commission before making a recommendation to theCounty Board regarding a Conditional Use request in the ShorelandDistrict as described by the Natural Features Overlay District, shallensure the request fulfils all specific standards of the Winona CountyZoning Ordinance, and shall find adequate evidence that the useadequately addresses the following evaluation criteria and conditions:
1. Will not create an excessive burden on existing parks, drainagestructures, emergency services, schools, streets/roads and other public facilities and utilities which serve or are proposed to serve thearea.
2. Will not change the essential character of the area, and through itsdesign, construction, operation, and maintenance is harmonious andappropriate in appearance with the existing or intended character ofthe general vicinity.
3. A thorough evaluation of the water body and the topographic,vegetation and soils conditions on the site must be made to ensure:
a. The prevention of soil erosion or other possible pollution ofpublic waters, both during and after construction;
b. The visibility of structures and other facilities as viewed frompublic waters is limited;
c. The site is adequate for water supply and on-site sewagetreatment; and
d. The types, uses and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercraft.
4. The Planning Commission, upon consideration of the criterialisted above and the purposes of this Ordinance, shall attach suchconditions to the issuance of the conditional use permits as it deemsnecessary to fulfill the purposes of this Ordinance. Such conditionsmay include, but are not limited to, the following:
a. Increased setbacks from the ordinary high water level;
b. Limitations on the natural vegetation to be removed or therequirement that additional vegetation be planted; and
c. Special provisions for the location, design and use of structures, sewage treatment systems, watercraft launching and docking areas and vehicle parking areas.
5.5.4.6 Criteria for the Issuance of a Conditional UsePermit for WECS Larger than 100kW.
The Planning Commission, before making a recommendation to the County Board regarding a Conditional Use request for a WECS larger than 100kW shall ensure the request fulfils all specific standards of the Winona County Zoning Ordinance, and shall find adequate evidence that the use adequately addresses the issues/concerns:
1. The parcel under consideration for the installation of a WECS demonstrates the capacity to safely accommodate the proposed WECS by not posing a risk to adjacent residential uses, public infrastructure, and/or thoroughfares.
2. The proposed WECS will not have adverse effects of stray voltage, or interfere with cellular, radio, or television signals.
3. The evaluation of the potential fall zone based on Table 12.4 (pg.242) to determine the absence of obvious conflict points.
4. Consideration shall be given in that the proposed location shall not create undue burden onto neighboring properties and structures in which the WECS could create a moving shadow created by the sun shining on rotating turbine blades.
5. For all WECS, the manufacture's engineer or another qualified engineer shall certify that the overall design of the apparatus and its installation is within accepted professional standards.
6. The proposed WECS shall consider visual impacts.
Winona County PlanningWinona County Government Center
177 E. Main StreetWinona, MN 55987
Phone: 507.457.6335Fax: 507.454.9378
www.co.winona.mn.us
Pursuant to the Winona County Zoning Ordinance, a petitioner seeking a variance or a conditional use has the
responsibility to contact the Town Board where the subject property lies to seek a place on their agenda as a means to
advise the Board of the proposal. After considering the proposal, the Town Board will record any concerns, observations,
and/or recommendation on the Township Acknowledgment Form for the Board of Adjustment or the Planning Commission
to consider during their review of the request. The Planning Department will not docket the case on the subsequent
hearing agenda until the petitioner fully satisfies this provision of the County Zoning Ordinance.
Township Acknowledgment Form
Name
Home Work
Address
City, State, Zip
Genera
l In
form
ati
on
Telephone
Mailing Address(if different)
If not the current owner,please provide
the name of the owner(s)
PIN #
Property Size
Zoning District
Township Section
Site width
Square feet
Natural Features Overlay District
Acres
Site depth
Range
Pro
pert
y Info
rmati
on
Activity Type (check one) Agricultural
Nonresidential
Residential
Statement as to the existing uses(s) of the property or the building
Exis
ting C
ondit
ions
Petitioner Date
Statement as to the proposed uses(s) of the property or building
Requested Action:
Request
Info
rmati
on
Tow
nsh
ip R
esp
onse
The Township Acknowledgment Form is part of the process of obtaining zoning and planning approval in Winona County. It is understood and agreed by the petitioner that any error, misstatement or misrepresentation of fact or expression of fact in the application, either with or without intention on part of the application, such as might, or would cause the issuance of an approval in direct opposition to the Winona County Zoning Ordinance, shall constitute sufficient ground for the revocation of the approval at any time.
The Town Board after receiving information by the petitioner or their authorized
agent(s) describing their intentions to obtain zoning or planning approval for a land use
proposal from Winona County has the ability to execute one of the three options listed
below.
Should the Town Board need more information regarding the proposal either from the
applicant of the Planning Department please contact the appropriate entity prior to
completing the acknowledgment form below.
Sign below this entry acknowledging the petitioner advised the Town Board of the proposal, and the Board has no comments regarding the request. The petitioner will return the signed form to the Planning Department with staff informing the Board of Adjustment or the Planning Commission the Township has provided no comments.
Township Official Date
Sign below this entry acknowledging the petitioner advised the Town Board of the request, and the Board does not support the proposal and will compose a written statement explaining its concerns to the Planning Department.
Township Official Date
Sign below this entry acknowledging the petitioner advised the Town Board of the request, and the Board supports the proposal and will compose a written statement explaining its support to the Planning Department.
Township Official Date
